IN CONVERSATION WITH Mr. Tsietsi Shuping, Head of Department for Legal Services at the Commission for Gender Equality

The Commission for Gender Equality (CGE) welcomes the landmark ruling by the Constitutional Court judgment in Van Wyk and Others v Minister of Employment and Labour and Others. The court’s judgment that parental leave entitlement between birth mothers and fathers amounts to discrimination represents a significant step forward in advancing gender equality. The CGE also embraces the court’s affirmation that adoptive parents and commissioning parents in a surrogate agreement be granted the same leave entitlement as birth mothers under the Basic Conditions of Employment Act (BCEA) and Unemployment Insurance Fund (UIF) Act.